Many people assume they need a Perth immigration lawyer without knowing the difference between the two. A migration agent and an immigration lawyer in Perth can help you in very different ways. It’s important you know which visa circumstances will require a migration agent or immigration lawyer in Perth.
Here’s what you should consider when determining whether you need a registered migration agent or immigration lawyer in Perth.
Is there a difference between a Migration Agent and an Immigration Lawyer in Perth? | Migration Agents and Immigration Lawyers Perth
In Australia, migration agents require registration by the Office of Migration Regulations Authority to provide advice on migration matters that do not need court proceedings. Both migration agents and Perth immigration lawyers are qualified to advise on how the Migration Act 1958 applies to your circumstances.
The key difference is immigration lawyers Perth can assist with court matters. But in many cases, court representation is not required – even for visa cancellation and refusal cases. A migration agent that is experienced in managing complex cases can assist you with an application to the Administrative Appeals Tribunal and appeal the Government’s decision to refuse or cancel your visa.
You may only require an immigration lawyer if your options for a merits review (for example, through the Administrative Appeals Tribunal) have already been exhausted. It is therefore worth considering if your particular case requires representation in court.
If you are unsure, our registered migration agents can review your case and advise if you need the services of an immigration lawyer in Perth. As an established migration agency with over 30 years of experience, Interstaff are experienced in complex migration matters. Being involved in an extensive variety and number of cases throughout the years makes our team highly recommended.
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What types of complex cases can migration agents assist with? | Migration Agents and Migration Lawyers Perth
An experienced registered migration agent can assist with complex migration issues such as the below:
- Visa cancellation cases
- Visa refusal cases
- Expired visas and ‘unlawful residence status’
- Employer sponsorship monitoring and investigations
- Applications to the Administrative Appeals Tribunal
- Requests for Intervention to the Minister for Immigration, Citizenship and Multicultural Affairs
Depending on your circumstances, these cases may not require representation in court. However, they usually require comprehensive migration advice to determine your options to challenge a visa decision by the Department of Home Affairs and guide you through the process. Therefore, if you choose a migration agent to assist with your complex case, it is important to choose one that has the knowledge and experience to do so. Read here to understand how we assist with complex cases.
Visa Refusal Appeals
One of the most common instances a person will seek professional migration advice is when they have received a visa refusal notice from the Department of Home Affairs. The decision letter from the Department will usually tell you if the visa refusal decision can be reviewed.
It may or may not always be clear as to why your visa was refused, although the Department letter should provide some indication. You will usually also have a deadline to appeal your case if you choose to do so.
Appealing a visa decision is usually done through the Administrative Appeals Tribunal (AAT). This process usually does not require court representation and therefore may not require the services of a Perth immigration lawyer.
A migration agent that is experienced in complex cases, such as Interstaff, can assess the refusal notice, your submitted application, and your circumstances during a consultation. They can then advise whether you should appeal the Department’s decision by discussing a strategy you should pursue and how you should prepare your evidence for the AAT.
The AAT conducts independent reviews of decisions made under Commonwealth laws by Australian Government ministers, Departments and agencies and, where applicable, decisions made by state government and non-government bodies.
This includes migration, visa-related and Citizenship decisions. The AAT aim to take an independent look at the evidence, law and policy to arrive at their own decision on whether your visa should have been refused.
Based on their assessment of what is legally correct and reasonable, the AAT can:
- Affirm a visa refusal decision
- Vary the original decision or substitute a new decision
- Or remit the visa decision back to the Department of Home Affairs or relevant decision maker for reconsideration.
Professional migration advice can help you understand how you should prepare your evidence for the AAT to support your case for a visa refusal appeal.
What to consider when choosing a migration agent to assist you | Migration Agents and Immigration Law Perth
Like Perth immigration lawyers, Registered Migration Agents are qualified to advise on Australian migration law. However not all migration agents or lawyers may be experienced in managing complex cases. When choosing one to manage your case, you should consider their experience and whether they have previously assisted with cases like yours.
Visa refusals and cancellations require meticulous attention to detail and a strategy on how you can provide your evidence in a way that demonstrates how you meet the requirements of the application. Not to mention, the Government gives applicants a time limit to prepare their appeal. If you are considering using a migration agent to assist with a complex case, you may benefit from choosing one that specialises in similar cases.
How we can help
Highly qualified visa refusal and cancellation experts since 1988
Interstaff has over 30 years of experience in managing complex visa and migration cases. Since 1988, we have assisted people in successfully challenging visa refusal and cancellation decisions made by the Department of Home Affairs. If you are looking for a migration agency with decades of visa appeal experience, we are here to assist you.
The first step is to contact our team of migration agents. We will assess your case and determine whether you can appeal your visa decision. This may require you to send through a copy of your visa refusal notice. We can also advise if we believe you may require the services of immigration lawyers.
Get in touch with our Migration Agents for advice on your visa options or call us on (08) 9221 3388.
“Please accept our thanks and appreciation for your thoroughness in going the extra mile for us. We would have no hesitation in recommending Interstaff’s migration and legal services to any future clients. We have, in fact, already done so on several occasions.”
Carla, Employer Sponsored Permanent Residence Visa